Posts tagged with 'legal advice'

Commonly Asked Questions About Assault and Battery

Personal injury cases not only arise out of situations involving negligent actions, but also intentional actions, such as assault and battery. In an assault and battery personal injury case, one person intentionally threatens to harm, or actually does harm, someone else without the victim’s consent. When this happens, the victim can sue the person who intentionally inflicted the harm for assault, battery, or both. Assault and battery tort cases can be a little confusing to those who don’t have a legal background. So, to help clarify many of the issues involved and explain what an assault and battery case is all about, let’s take a look at some commonly asked questions.

What is an assault?

An assault is an intentional threat to commit violence against another person. When someone assaults someone else, the aggressor threatens the victim with physical bodily harm. This threat, or action, has to be intentional, and must not only be aimed at causing the victim to actually feel fear or apprehension of being hurt, but must also result in the victim experiencing that fear.

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Common Terminology in Personal Injury Cases – Part 2

Suffering a personal injury is not something any of us want to experience. If you find yourself in a situation where you’ve been harmed by someone else and need to file a personal injury lawsuit, you can help make the process a lot easier by doing some basic research. Previously we looked at some common terminology that many people encounter during the personal injury lawsuit process. In this follow-up post, we’re going to take a look at some more terms you might come across that you might otherwise not be very familiar with.

  • Affidavit. An affidavit is a document that contains a written statement of facts. The person making the affidavit and stating the facts it contains is known as an affiant. In order to make an affidavit, you have to make your written statement of facts under oath or affirmation that they are true. You typically do this in the presence of a licensed public notary. Affidavits can contain almost any facts relevant to your case, and can be made by almost anyone as long as that person is a mentally capable adult.
  • Discovery. Discovery is the legal process of investigating the facts surrounding a case. The discovery process typically begins after you file a personal injury lawsuit or demand letter. Discovery includes a variety of methods that each side can use to determine what happened, such as interrogatories and depositions.
  • Deposition. A deposition is when a witness gives testimony about the case outside of the courtroom and before a trial takes place. A deposition is simply a way to get someone to give testimony without the necessity of having to go before a court. Depositions are part of the discovery process, and can involve almost anyone related to a case.
  • Interrogatory. An interrogatory is a list of questions that either side involved in a case sends to the other side, or to witnesses or experts involved in it. The questions ask for specific information about the facts surrounding the case. Interrogatories are also a part of the discovery process.
  • Preponderance of the Evidence. In personal injury cases, the person who files the lawsuit (the plaintiff) has to provide evidence to show that the other party (the defendant) violated the plaintiff’s rights by a preponderance of the evidence. This simply means that the weight of the evidence presented by the plaintiff makes it more likely than not that the defendant violated is at fault. In other words, you have to have evidence that shows the defendant acted wrongfully, and that evidence has to be convincing.
  • Judgment. Most personal injury cases settle before going to trial. However, if the case goes to trial, a court will have to make a determination about the outcome. This decision is known as a judgment. If the court rules in the plaintiff’s favor, the judgment will include a determination of the type of damages to which the court believes the plaintiff is allowed. In other words, judgment says how much you win if you win your personal injury case.

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So You Want to Sue the Federal Government For Your Injury – Part 2

In our first blog post on suing the federal government, we looked at how the federal tort claims act, or FTCA, covers most of these kinds of personal injury lawsuits. In this post we are going to take a look at some additional issues you need to consider when you are thinking about suing the federal government for your injury.

Making a Claim

When you suffer an injury at the hands of the federal government, you first have to file a claim with the agency responsible. For example, let’s say you visited a national park and suffered injuries as a result of a park employee’s negligence. To try to recover compensation for your injuries, your first step will be to file a claim with the National Park Service. The claim should state a number of important facts, such as the nature and extent of your injuries, the reason you suffered those injuries, and the extent of the involvement of the federal agency or its employees.

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Tolling and the Statute of Limitations

Posted on January 23, 2015

Tolling and the Statute of Limitations

Tolling a statute of limitations is often very important for people involved in personal injury cases. We’ve blogged about statute of limitations in personal injury cases before, but it’s a good idea to go over the basics. Essentially, a statute of limitations is a ticking clock that applies to your case. After you suffer an injury, you have to file your case within the amount of time specified by your state’s statute of limitations or you are prevented from doing so. With tolling, the time you have to file a lawsuit is effectively extended.

Stopping the Clock

When we talk about tolling the statute of limitations, what we are talking about is putting the statute of limitations ticking clock on pause. Tolling allows people to suspend or delay the statute of limitations time limit. Depending on your circumstances, there can be several reasons why you might be able to pause the statute of limitations and give yourself more time than you would otherwise have to file a lawsuit.

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Injury HelpLine® Featured on Popular Morning Show!

San Ramon, CA (December 2014) – On December 12 and December 19, 2014, the Injury HelpLine® will be featured on an episode of The Balancing Act® at 7:00 a.m. (ET/PT) on Lifetime to help educate viewers about the personal injury legal process and how to obtain legal counsel after one has been in an accident.

In the aftermath of an accident, the stress and anxiety that come with it can be overwhelming and even incapacitating at times. Anush Alexander, Vice President of Marketing at the Injury HelpLine®, along with Personal Injury Attorney Eric Jensen, spoke to The Balancing Act’s® host, Julie Moran, about what steps to take after an accident and the importance of seeking legal counsel to protect one’s interests.

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What Can I Tell My Personal Injury Lawyer?

Posted on August 26, 2014

What Can I Tell My Personal Injury Lawyer?

When people first visit or speak to a personal injury lawyer, they often have a lot of questions they want answered. One common question involves exactly what their attorney is allowed to reveal regarding privacy. If you talk to your attorney, what does your attorney have to keep private, and what can he or she reveal to others?

All of these questions hinge on the idea of attorney-client confidentiality. This idea is one of the most basic concepts running throughout the modern legal system, and is something that everyone should know about before talking to a lawyer.

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